H.B. No. 1344

	AN ACT
	relating to certain defenses to prosecution for the offense of
	sale, distribution, or display of harmful material to a minor.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 43.24, Penal Code, is amended by
	amending Subsection (c) and adding Subsection (c-1) to read as
	follows:
	(c)  It is an affirmative [a] defense to prosecution under
	this section that[:
	[(1)]  the sale, distribution, or exhibition was by a
	person having scientific, educational, governmental, or other
	similar justification[; or
	[(2)     the sale, distribution, or exhibition was to a
	minor who was accompanied by a consenting parent, guardian, or
	spouse].
	(c-1)  It is a defense to prosecution under this section that
	the actor was the spouse of the minor at the time of the offense.
	SECTION 2.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect at the time the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense was
	committed before that date.
	SECTION 3.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1344 was passed by the House on April
	7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1344 was passed by the Senate on May
	17, 2011, by the following vote:  Yeas 31, Nays 0
	.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor